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A Spectacular Day for Tenants, Rent Control & Eviction Protections in the Courts of Law

April 23, 2012

On the same day that U.S. Supreme Court refused to hear an appeal that would have challenged New York City’s rent stabilization laws, and possible threaten rent control laws nationwide, the California Court of Appeals made a significant ruling in regards to providing tenants eviction protections.

Tenant activists were greatly concerned that, even though rent control has been held constitutional numerous times before, given the conservative and pro-business nature of the current Supreme Court majority, the future of rent control could be at-risk.

The case involved landlords James and Jeanne Harmon, who have lost earlier court attempts to get rent stabilization laws thrown out.

The Harmons inherited a building with three rent-controlled apartments near Central Park on Manhattan’s Upper West Side. The Harmons say rent stabilization laws forces them to rent the apartments at rents 59 percent below market rate. They argue that by giving the tenants lifetime tenure with succession rights, the government has illegally taken their property.

A federal judge and the 2nd U.S. Circuit Court of Appeals in New York City threw out their lawsuit. Now the high court refused to review that decision.

CALIFORNIA COURT OF APPEALS MAKES MAJOR EVICTION PROTECTION RULING

 
In Anchor Pacifica Management v. Sharon Green, the California Court of Appeals ruled that a management company operating a senior apartment complex developed with assistance from a local redevelopment agency and subject to agency oversight must have good cause when it evicts a tenant upon expiration of the tenants’ lease.

The groups that lined up to support Sharon Green best demonstrated the importance of this case.

An Amicus Curiae was filed for the Coalition for Economic Survival by Neighborhood Legal Services of Los Angeles County, Western Center on Law and Poverty, National Housing Law Project, on behalf of Defendant and Appellant Sharon Green.

In 2009, Anchor Pacifica Management served Sharon Green, who is disabled 
and receives federal income-supplement benefits, with a 90-day eviction notice. The notice did not provide any reason for the termination of her tenancy at the conclusion of her lease.

The City of Glendora Community Redevelopment Agency funded the building of Heritage Oaks Apartments by Anchor Pacifica, a private developer, which included affordable housing side aside units. Ms. Green lived in one of these affordable units.

Ms Green contended a trial court erred when it denied her motion to dismiss the eviction action on the ground it was without cause and it violated her right to due process under the state and federal constitutions or, in the alternative, failed to allow her to present this defense to the jury.

The Court of Appeals ruled in her favor.

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One Comment leave one →
  1. November 26, 2012 6:28 pm

    TELACU, part of HACLA has stolen money that was for my building, Independent Square for over a year. I posted photos and wrote online in many places, even called Wendy Gruel, nobody cares. I forced them to spend on us. Their mgr here accused me of doing something crazy horrible, had me arrested (no charged filed) and made me go to court after filing a TRO and she did not get her restraining order. She is a felon, liar and elder abuser with the blessings of TELACU and HACLA. They didn’t fire her. They are evicting me, having returned my rent. I am really scared, I have nobody to help me out. We got conned into signing a lease that took away our sec. 8 vouchers, and our freedom to move. I HAVE TO MOVE!!! I want my voucher back and out of this oppressive atmosphere. I want to help investigate, there just HAS to be an investigation. Wendy Gruel ignored my letter. TELACU was hired by Rudy Montiel and is currently the only THIRD party that was free to steal OUR HOUSING MONEY for over a year. I have outed them all over the web, could be why they will not be renewing their contract the end of the year. So why are they evicting me? I KNOW what’s going on for the most part and I am a huge victim just because I called them on it. Senior/handicapped… no family or support system. PLEASE HELP… I am willing to return the help. I have a great education and experience in many areas. I do hope you will contact me so these agencies can no longer steal. Montiel was given ‘hush’ money to go away. He belongs in prison and all who stole with him, plus pay ALL restitution back to the people. Prop Invest LOMOD now calls itself HACLA and has non-profit status, although it is in business to make profits. A little paper shuffling and VOILE! They steal plus don’t pay taxes. HACLA, a gov’t agency is a CORPORATION? WOW. 2 people that I know of have hopped the fence to a different part of this trio of corporate thieves, they are all one and the same, TELACU was the one left who could steal, and they did. Tina Booth from HACLA now has a better position in LOMOD. Walter Maynard, also from HACLA, now has a better position at TELACU. These are only the people that I know. This is a major crime and huge corruption as they abuse people who need housing. They are going to put an eviction notice on my door Dec. 1. What am I supposed to do? IF I had my voucher back, I could just move, but they conned us out of them. PLUS, this building will be evacuated in 2 years to bring it up to code. What happens to the tenants? THIS NEEDS TO BE FIXED, I have become disabled and overcome with depression. I was forced to spend 3 days and 2 nights in 77th St. Jail in LOCKDOWN! I thought I was going to snap. I haven’t been the same since, and that they didn’t fire this horrible person, tells it’s own story. PLEASE… my time is running out.
    I was at your clinic for the bogus restraining order and even donated, or I thought I was becoming a member of your organization, but I paid cash and never heard a word since, that that was in addition to a donation I made.

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